POLICE COURT.—Saturday.

New Zealand Herald, Volume III, Issue 899, 1 October 1866, Page 5

POLICE COURT.—Saturday.

J (Before Thomas Beckham, Esq., 11.M.) , DRUNKENNESS. John Shears, Thomas Kan - , John Lewis, John Humphries, and Jeremiah Favell, were punished in the usual manner for this oflence. Civil Case. MCKiT V. 'WILLIAMS. Claim, £19 19s. Mr. Ale Donald for the plaintiff. Mr. Uttssell for the defendant. This was an action brought by the plaintiff for the recovery of the value of two spars, alleged to have been illegally taken from his premises by the defendant. John Frpser, a buslimaa at Waiheke, in tho employ of the plaintiff, deposed to having entered into an arrangement with Captain Williams, of the Annie ilelliuisli, for the suppty of six spars, which the witness obtained from tho plaintiff, and supplied to the defendant in accordance with tho contract. Subsequently, another contract was entered into by witness for tho supply of six moro spars, and he instructed a man named William Perdy to furnish four spars to the defendant aud two to the plaintiff. The witness saw the defendant in the evening, who informed him that he had only accepted two of the four spars, having given orders for *he other two to bo returned. The defendant further gave £1 on account of tho two spars which he had accepted, but would not be responsible for the other two, as they were too large for the purpose required. On tho following Monday the witness saw McKay, the plaintiff, and sold him the two spars which had been rejected by Captain Williams. Afterwards, witness went to Captain Wifliaius and asked for payment for the two which had been taken on board. The defendant required two moro spars, and I said if witness could supply two which would be suitable with regard to size, he would purchase them. Two logs, each 40 feet in length, were supplied, and witness received £15 in payment for the two former supplied, and also the two latter.

In cross-examination by Mr. Russell, flic witness admitted that the two spars which had been ultimately sold to Mr. A 1 eXny, were intended for Captain Williams.

William Perdy, a boatman, deposed to having taken the four spars off to the vessel. Tlio Captain had accepted two, but with regard to the remaining two, lie had threatened to cut them adrift, unless they were taken away. William McKay, a boat builder, deposed that the value of the tn'O spars in dispute was about £11. The witness had purchased logs rejected by the captain of the Anne Melhuish, which the latter had afterwards claimed as his property. It was agreed to refer the dispute to Mr. Fraser, aud the witness; gave Captain Williams u certificate that lie would hold the spars until the result would be known. Had paid Fraser £3 on account of the spars. To the Pencil: I signed the paper because Captain Williams threatened me with legal proceedings if I did not. He promised to return in six weeks. The defendant had taken away the two spars in dispute by force. This was the plaintiff's case. liobert Williams, examined by Mr. Bussell, deposed that he had been unable to take the two spars on board in consequence of their beiug too largo. The Harbour Master had threatened to cut them adrift, and defendant liad requested Fraser to take charge of them until he could take them on board. Had never relinquished the purchase. The plaintiff had changed the two spars originally purchased, having sold them to another party. When the second batch of spars was sent on board, witness discovered that two inferior spars had been substituted for those he had purchased. Saw the spars in dispute in Mr. McJvay's yard, and claimed them. When witness found that the two damaged spars liad ■been substituted, he sent one of them ashore.

To his Worship: When the two spars were taken astiore irom the ship 1 gave orders for (hem to be kept astern of the lighter, until the weather would be sufficiently moderate to enable me to take them on board with safety. I paid £15 'Is for the last five. I paid at the rate of 2s a foot for the other four.

David Williams, a lad, deposed that he was an ordinary seaman, and that he heard the Harbour Master give orders for the removal of the two spars in dispute from the wharf. The learned counsel on both sides having addressed the Court, his Worship gave judgment for the defendant. This concluded the business.